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(영문) 서울북부지방법원 2020.08.20 2019고정1572

명예훼손

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a member of the Seongbuk-gu Seoul apartment center, and the victim C shall be the chairperson of the above senior citizen center.

1. On December 2015, the Defendant: (a) at the place where a member of the senior police station was located in the said senior police officer center; and (b) despite the fact that the victim’s “learning machine (HM 50 EX)” was kept in the said senior police center and was publicly notified in advance so that senior citizens can use the said facility, the Defendant abused the victim’s reputation by publicly alleging the false fact that the Defendant “learning machine was flaged by a member of the National Assembly D with a flag, emined, eva, eva, and filed a complaint with the police station.”

2. In the middle of February 2019, the Defendant had a member in the senior police station in the senior police officer center, and even though there was no fact that the victim embezzled or fraudulently embezzled the government subsidies, the Defendant openly distorted the victim’s reputation by stating a false fact that “the head of the center has embezzled money, replaced with the lava, the lava of the professor is a lava, and the lava of the professor is a lava, and is immediately bound because the lava was accused of the sexual police station.”

3. 피고인은 2019. 4. 30. 10:00경 위 경로당 앞에서 위 아파트 주민들이 있는 가운데, 사실은 피해자가 경로당 관련 금원을 편취한 사실이 없음에도 불구하고, “주민 여러분! 대학 교수 C이가 노인들 돈 사기 쳐 먹었어, 주민 여러분! 주민 여러분! C이가 경로당 노인들 돈 핥아먹었어, 주민 여러분!”이라고 공연히 허위사실을 말하여 피해자의 명예를 훼손하였다.

Summary of Evidence

1. Legal statement of the defendant C by the defendant's partial statement;

1. The results of the CD reproduction and viewing by this Court;

1. Application of the police protocol law to C

1. Relevant provisions of the Criminal Act and Article 307 (2) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant under Article 334(1) of the Criminal Procedure Act of the provisional payment order.